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    walmartscourge's Avatar
    walmartscourge Posts: 1, Reputation: 1
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    #1

    Aug 31, 2009, 09:18 PM
    Possible discrimination?
    I was a manager of walmart for nearly three years during this time I was stuck with an employee who was above all the rules because he was a higher managers friend . During my time at walmart my fellow supervisors and I had more problems with this employee then we could handle and he was never disciplined for it . One night we were cleaning the garage before we went home for the evening it was only this employee and myself and I asked him to go down to the oil change pit and bring up the used oil filters while finished mopping the floor . He got mad and threw the broom at me and shouted obsenities at me . I called the assistant manager and told her what had happened and she said to bring him into the office and we would terminate him . After we got him in the office his buddy came in and told the other manager he would take over since it was time for her to go home . The employee wasn't even written up all his buddy made him do was say he was sorry and go back to work .one day I came into work and caught this employee in my personal supervisor notebook that I had to pay for out of my pocket prowling to see what we the supervisors were up to again I was told that they were going to do nothing about him taking my personal property . One day he finally broke a big policy and they allowed me to write him up for it lol the sad part is it was a zero tolerance policy and he was supposed to be fired for it . Thye next day after I wrote him up he came to my truck and started an argument with me in the parking lot before work . Niether one of us were on the clock however as soon as I clocked in I was fired for misconduct and told that I was trying to kill him when there wasn't even a fight . There were cameras all around us but walmart refused to hear my side of the story they already had my termination notice filled out when I got in the office . I know that Tennessee is an at will employment state and that I can't do anything about being fired for something that happened off the clock , but during the whole time I worked there I was treated like I was lower then everyone else around me I was the supervisor over my department but yet when we had our meetings I was told by the higher managers that I couldn't talk because it would take up too much time . Only the other two supervisors got to talk . During three years of working there not once did the district manager ever walk my area with me and tell me what I needed to do he always took the other supervisers then told them to relay the message to me .I know that discrimination laws says it has to be because of sex, religon , race or creed but I feel like because I was raised in the country and speak with a thick southern drawl that I was being treated like I was as smart as anyone else . Shortly after I was fired my brother was told by the third shift manager that he had me a job and needed me to come fill out the application I went to the store twice to fill out the paper work and then was told that they couldn't do rehires . Shortly after all this the employee whoi got me fired got fired for job performance and today he was rehired . I have kept my apllication updated and have applied for every spot in the store and still I get told they can't do rehires . I am eligible for rehire with walmart . The superviser over my old area called me the other day and said he pulled my application and tried to bring me back and was told by the store manager that as long as he was at that store I would never work there again . Does anyone know what I should do ? I know that walmarts practice is to drag cases out so long that people can't afford to pay them anymore because they teach us that as managers . Is there anyone at home office I could call about who would actually check into the employee and manager being best friends and having time shares together ? Do I have a case here for discrimination?:confused:
    Just Dahlia's Avatar
    Just Dahlia Posts: 2,155, Reputation: 445
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    #2

    Aug 31, 2009, 10:07 PM
    I'm really sorry about this, it's sounds disgusting, but it's Walmart and this is normal for that kind of crap.

    You might want to try the question in the legal thread, to get a proper response, or maybe some one will move it for you.

    Good luck:)
    justcurious55's Avatar
    justcurious55 Posts: 4,360, Reputation: 790
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    #3

    Aug 31, 2009, 11:36 PM

    This is why I refuse to shop in Walmart. Too many employees that are treated unfairly. It doesn't sound like discrimination but maybe someone on the legal board will have some thought on it like just dahlia suggested.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #4

    Sep 1, 2009, 12:42 PM

    Unfortunately sometimes its not what you know but who you know that counts. If that jerk is still there at that store chances will be silm to none that you can go back to that store to work. Just being eligible for rehire means just that - that IF they want to rehire you they can. They obviously don't want to at that store.

    If you have a lot of money to hire an attorney and fight WalMart for years to get your job back or work at that particular store, knock yourself out.

    Have you tried to get hired on at a different WalMart store nearby?

    Want to feel better? My clean cut son some years ago went to an interview at WalMart. The interviewer told my son that he "was not A-hole enough to work at WalMart". Nothing could be done about this as it was just my son and the interviewer and no one else present in the room.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #5

    Sep 1, 2009, 01:20 PM

    I'm going to jump in here and play the devil's advocate. My husband has worked for Wal-Mart for over 2 years now.

    His employers and managers treat him with respect; he receives excellent pay; he receives excellent medical, dental and vision insurance for our entire family of 5 for less than $120 a month. In fact, one of his supervisors transferred from Texas up here to Wisconsin because his job was so great and the opportunity was there. So no, this isn't "typical Wal-Mart" and I'm tired of hearing people complain about something they have no knowledge of.

    To the OP: were you ever written up for any incidents prior to the ones involving this employee? Did you write up this employee when he was being disruptive in the workplace? Were you following company policy for those types of situations?

    I've never in my life heard of someone being discriminated against just because they "speak with a thick Southern drawl." That sentence there is dramatic and everyone on this board knows it. If this was a case of discrimination, they wouldn't have hired you to begin with.
    justcurious55's Avatar
    justcurious55 Posts: 4,360, Reputation: 790
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    #6

    Sep 1, 2009, 01:28 PM

    Hey this, I'm glad to hear something positive about working for wal-mart. There's always so much about how awful it is to work there and when I used to shop there everyone always seemed so unhappy. You've reminded me you can't make assumptions, just because the wal-marts I've been in had a bad vibe doesn't mean every wal-mart is bad.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #7

    Sep 1, 2009, 01:36 PM
    Quote Originally Posted by justcurious55 View Post
    hey this, i'm glad to hear something positive about working for wal-mart. there's always so much about how awful it is to work there and when i used to shop there everyone always seemed so unhappy. you've reminded me you can't make assumptions, just because the wal-marts i've been in had a bad vibe doesn't mean every wal-mart is bad.
    Exactly. I even knew a woman who got a part-time job in the local Wal-Mart jewelry department so she could get health insurance. So much for the lie that Wal-Mart doesn't help their employees, eh?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Sep 1, 2009, 02:02 PM

    Getting back to the OP. Unless you are a member of a protected class and can prove that you were refused being rehired because of that, you have no discrimination case.

    Sounds to me, like this is not the best work environment for you. Have you applied elsewhere?
    Just Dahlia's Avatar
    Just Dahlia Posts: 2,155, Reputation: 445
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    #9

    Sep 1, 2009, 02:04 PM
    This, your right, I'm sure they are not all the same, but if your stuck with crappy management and a click, then you are screwed with SOME, but that could be in all work places.

    My son worked for Sams club and was hit and run by a car in the tire dept. After he fell off the hood off the car to the pavement, employees got the info from the driver. The info was some how lost, but then recovered 5 months later.
    With in a week of it being recovered he was accused of stealing and lost his job. 2 weeks later his manager was caught on survellience camera stealing (what they accused him of) when he heard he went back and tried to get his job back. They refused to hire him.

    It took him a year to get any workmans comp, because of paperwork errors and he is still paying off bills to this day. 6 years later.
    I know it could happen any where, but kind of put a sour taste in my mouth.

    But hypocrite that I am, I still shop at Wal-Mart, they have the best prices around where I am.:)
    Justwantfair's Avatar
    Justwantfair Posts: 3,422, Reputation: 944
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    #10

    Sep 1, 2009, 02:18 PM
    Scott is correct, in an at-will state you can be terminated for anything, unless it's a protected class, i.e. race, sexual orientation, disabilities. Even then you have to be able to prove that you were treated unfairly for that protected reason.

    But that also means that you may quit your job for any reason, that is the two-way street of employment at-will.

    Were you able to win your unemployment?

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